Parties to Dispute Statement of Claim:

PUBLIC LAW BOARD N0. 2142

Brotherhood of Maintenance of Way Employees and Illinois Central Gulf Railroad

Award No. 19
Docket No. 1111

Carrier violated the Effective Agreement when it unfairly and arbitrarily awarded a Welder's position at their Centralia Plant to a junior employee. Claimant A. G. Albers be placed on the Welder's Seniority Roster with a seniority dating of March 12, 1976, when he was assigned a Welder's position, by Bulletin, covering same on above date. Claimant A. G. Albers shall be placed on the Welder's position at the Carrier's Centralia Plant and compensated for the difference in the Welder's rate of pay and the Trackman's rate of pay he held at the time of this violation, until he is placed on the Welder's position.

Findings: The Board, after hearing upon the whole record and all evidence,
finds that the parties herein are Carrier and Employee within the meaning
of the Railway Labor Act, as amended, that this Board is duly constituted
by Agreement dated January 23, 1978, that it has jurisdiction of the
parties and the subject matter, and that the parties were given due
notice of the hearing held.
Claimant, a former track laborer, bid for and was awarded the
position of a Welder, on the St. Louis Division, on April 9, 1976.
Claimant had been awarded such bid predicated on anticipation of obtaining
a certain electric type welding machine which was not available at the
time the award to Claimant was made. After passage of several weeks
without any sign of the machine becoming available, the Company decided
to abolish Claimant's position, effective April 30, 1976. Claimant
thereupon exercised his track laborer's seniority pursuant to Rule 30A.
Since Claim=rt had not been able to perform welding during the
18 days that he had been assigned to the welder's position, the Carrier
was unable to evaluate his ability to weld.
A Welder's position was subsequently advertised, in
February 1977, at Carrier's Centralia Rail Welding Plant. Welder Helper,

-2- Award No. 19 - `ate

J. K. hittrell, bid for and was awarded such position on the premise that he, Littrell, had Welder Helper's seniority whereas Claimant did not.

Rule 3(A), in pertinent part, reads:

"Seniority in an employee begins at the time an

employee's pay starts."

Rule 8(D), in pertinent part, provides:

"D. An employee accepting promotion will. be allowed

not less than 10 nor more than 40 working days in

which to qualify, and failing to qualify, will be returned

to his former position without loss of seniority in the

rank from which promoted."

There is no question but that Claim-t did not demonstrate his proficiency, in being able to operate the electric welder during the fifteen (15) days that he was in the gang. Yet, on the other hand, Claimant was not advised at the time his position was abolished that he was not considered to have acquired welder's seniority because of not having performed service as such.
In the particular circumstances, the Board finds that the claim should be disposed of by awarding Claimant "Temporary Welder's" seniority, effective as of April 12, 1976, but with the specific stipulation that Claimant will have to bid for the first Welder's position available hereafter in his seniority territory and serve the required 40 day period is order to permit a judgment as to his welding qualification. If Claimant so qualifies, then such temporary seniority date will then be made permanent.
However, it is to be noted that such temporary-seniority date is just that and may not be used for displacement purposes during the intervening period of time.

Award: Claim disposed of as per findings.
Order: Carrier is directed to make this Award within thirty (30)
days of date of issuance shown below.

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J. Paloni, Employee Member M . Ha , Carrier Member

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A4thur T. Van Wart, Chairman and Neutral Member Issued at Falmouth, Massachusetts, September 26, 1979.